Sectors
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Arata E. Kaku-McGowan

Associate

Arata E. Kaku-McGowan

Associate

Arata Kaku-McGowan is an associate in the Commercial Litigation Practice Group, where he has helped handle complex cases ranging from antitrust and consumer class actions to FCRA cases, contract disputes, and insurance and reinsurance cases. As a secondary member of the Environmental Group, Arata also has assisted clients with a breadth of environmental issues from cradle to grave: analyzing emissions compliance issues for product development; supporting permit application for energy projects; contending against unrelenting national environmental NGOs in administrative proceedings related to factories, solar and natural gas power plants, and pipeline infrastructure; defending Environmental Assessments and Environmental Impact Statements; and litigating RCRA and CERCLA issues.

July 6, 2026 Foley Viewpoints

Oregon EPR Producers May Have an Off-Ramp From Paying CAA, At Least Temporarily

Thousands of producers currently writing checks to Circular Action Alliance (CAA) under Oregon's Extended Producer Responsibility (EPR)...
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June 30, 2026 Energy Current

FERC Issues Six Tailored “Show Cause” Orders to Accelerate Large Load Interconnection

On June 18, 2026, against the backdrop of skyrocketing growth in demand for electricity, due in part to the rapid proliferation of data centers, the Federal Energy Regulatory Commission (FERC or the Commission) issued six “show cause” orders under Section 206 of the Federal Power Act (FPA), directing each of the six Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) under its jurisdiction, and the transmission owners within them, to justify or reform their rules governing how data centers, manufacturing facilities, and other large energy users connect to the electric grid.
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June 26, 2026 Foley Viewpoints

17 States Challenge California Packaging Law With National Supply Chain Stakes

On June 22, 2026, 17 states, led by Nebraska, along with the National Association of Wholesaler-Distributors (NAW), sued California regulators and the Circular Action Alliance (CAA) in federal court, seeking to invalidate the state’s landmark packaging law, SB 54 (“SB 54” or “the Act”).  The lawsuit, Nebraska v. Heller, is the first coordinated, multistate attack on the broader “extended producer responsibility” (EPR) model gaining traction for packaging regulation across the United States.  
April 23, 2026 Energy Current

Defense Production Act Determinations Could Reshape Domestic Energy and Infrastructure Strategy

On April 20, 2026, the White House issued several presidential determinations under Section 303 of the Defense Production Act (DPA) aimed...
April 22, 2026 Energy Current

EPA’s Revised National Enforcement and Compliance Initiatives: One Year Later

On March 12, 2025, the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) issued a...
April 6, 2026 Foley Viewpoints

EPR Litigation Expands to Colorado as Industry Targets Program Design

Colorado has become the newest battleground state in the growing battle over Extended Producer Responsibility (EPR) laws.  A national...